Don’t believe the hype – hooliganism is hardly better than piracy

Earlier this evening Russian authorities offered the Arctic 30 — currently being held in a freezing jail in Murmansk — what looked like a legal olive branch by dropping piracy charges and replacing them with ones of "hooliganism."*

On the face of it, and compared to piracy, hooliganism sounds innocuous enough, more like a crime of youthful over-exuberance, akin to graffiti or streaking at a football match.

Nothing could be further from the truth.

Russia has simply dropped* one serious charge and replaced it with another that still carries the very real prospect of the Arctic 30 languishing in jail for up to seven years.

In Russia, there are two kinds of hooliganism: administrative hooliganism, which carries a maximum of 15 days in prison and a fine, or criminal hooliganism, which carries a maximum sentence of seven years. We think it's the latter our friends are being charged with.

Not incidentally, President Putin's human rights advisor Mikhail Fedotov recently said the piracy charges were "laughable" and that they should, at most, include minor hooliganism.

Perhaps a hooliganism charge seems more palatable than a piracy charge, but in fact it's equally ridiculous to accuse these peaceful protesters of hooliganism as it is to accuse them of piracy.

In Russian law, hooliganism is defined as 'any deliberate behavior that violates public order and expresses explicit disrespect toward society.'

And it should be noted that hooliganism is also an illegal charge, as in order for the Russian criminal code to apply, the alleged crime — such as hooliganism — has to occur on Russian territory. The likely reason the 30 were charged with piracy in the first place is that that is one of the few offences that would justify an arrest in the EEZ, according to international law. Hooliganism doesn't. This is therefore another violation by the Investigative Committee against the Arctic 30.

Breaking down the definition of hooliganism: was the peaceful action of the Arctic 30 "deliberate"? Sure, if you mean they were deliberately trying to help avert catastrophic climate change and stand up for millions of people around the world who think drilling in the Arctic is climate insanity.

Did they "violate public order and expresses explicit disrespect toward society"?

On the contrary, they were acting for the greater good of society — and not just in Russia where we know an oil spill at the Prirazlomnaya could devastate 3,000 km of coastline and reach three protected nature reserves within days.

No, not just for Russia, but for other parts of the world, where extreme weather events are coming with greater strength and frequency thanks to the drastic retreat of Arctic sea ice; for Australia, where forest fires rage into "mega-fires" thanks to a quickly warming climate; for Bangladesh, where people are forced to move their homes and families inland, losing their livelihoods as sea levels rise; for Pakistan, struggling against floods caused by climate change and the ensuing disease that comes with no fresh water; for Mexico, where the most disadvantaged are experiencing larger and more frequent natural disasters than ever before in history, like landslides and floods; for the US, where super hurricanes devastate the east coast and fires ravage the west; for China, where vast desertification is turning lush farmlands into moonscapes.

The Arctic 30 were acting in defiance of the greed of massive, rich, relentless oil companies around the world who will stop at nothing, who will heed no warning, in the desperate quest for the last drops of oil on the planet.

We need more than 30 people brave enough to do this. We need the Arctic 30 million, people around the world with enough courage, enough conviction, to stand up for all of us and demand change in the face of apathy, and force governments to act where they have failed.

As the media scurries to keep up with each new development, let us not forget why the Arctic 30 really did what they did. Why they put everything on the line for what they believe in, for the future of their children — for the future of yours.

* When this blog was posted, we had been told the piracy charges were being dropped. However weeks later (now Nov. 7) the charges have still not been dropped. Currently the Arctic 30 are charged with both piracy and hooliganism.

Jess Wilson is the communications manager for the international Arctic campaign.

'violating public order and expresses explicit disrespect toward society' is a pretty vague phrase. 'Violating public order' I persona...

'violating public order and expresses explicit disrespect toward society' is a pretty vague phrase. 'Violating public order' I personally would say they did, 'explicit disrespect towards society' I would say they didn't.

Criminal hooliganism under russian law also provides one of two conditions has to be met 1. use of weapons or objects being used as weapons 2. motive for hooliganism should be political, racial, ideological hatred or hatred towards certain segment of society.

Remember pussy riot? They were sentenced under second condition. In my opinion they gonna charge your guys under first condition because of ramming, claiming boat was used as weapon. On your site you say ramming never took place but you provide imo a wrong video. Alleged ramming that they are talking about is probably the situation right before shots were fired into the water.

Also keep in mind that in Russia a rule of law is quite shaky. There's a guy, you maybe saw his video on youtube, who rode his bike through half-empty subway station. Never used any weapons, never used his bike as a weapon and ofcourse there's no hatred stuff either, just drove his bike that's all. Yet right now they charge him with criminal hooliganism as well. So prosecutors they don't really need much, we'll have to see what the judge has to say.

"Also keep in mind that in Russia a rule of law is quite shaky. There's a guy, you maybe saw his video on youtube, who rode his bike through ...

"Also keep in mind that in Russia a rule of law is quite shaky. There's a guy, you maybe saw his video on youtube, who rode his bike through half-empty subway station."

Alexey, I don't know whether you are misinformed, or deliberately try to misinform others.

The guy rode "bike" meaning "motorcycle", not the "bicycle" on the subway station. His sentence showed the staunch respect of Russian courts for the rule of law as well as their humaneness: every same person agrees that riding a motorcycle on the subway platform is a dangerous and criminal activity.

'Bike' also means motorcycle. And yeah he drove motorcycle. If I wanted to misinform folks I wouldn't mention his youtube video where it...

'Bike' also means motorcycle. And yeah he drove motorcycle. If I wanted to misinform folks I wouldn't mention his youtube video where it's clearly seen that he's riding a motorcycle not bicycle.

To my knowledge he is not yet sentenced only charged. His activity may be dangerous and it may even be criminal (although I don't think so) but it sure as hell isn't criminal hooliganism, unless he either used his bike as a weapon or did his run out of political, religious or ideological hatred.

See that's the thing right here. You say every sane person agrees that it's a criminal activity. So a mere feeling of 'sane' person that certain activity is 'criminal' is sufficient in Russia to bring anyone on a completely bs charges. If the rule of law existed in Russia then no matter how much 'every sane person' (read prosecutors) felt that certain activity is 'criminal', you're not going to be charged let alone sentenced unless criminal LAW actually prohibits this activity.

That's what happened with the bike guy, and same thing happened to arctic 30.

Yes, by watching the video it is easy to distinguish a motorbike from a bike, but, 'bike' is derived from 'bicycle' and 'motorbike...

Yes, by watching the video it is easy to distinguish a motorbike from a bike, but, 'bike' is derived from 'bicycle' and 'motorbike' from 'motorcycle'. A 'bike' never was, is, or will be, a motorbike as you incorrectly state. :D

It is you who is in the wrong dear sir. Type bike into youtube and see what's the first result will...

http://en.wikipedia.org/wiki/Bike

It is you who is in the wrong dear sir. Type bike into youtube and see what's the first result will be. Calling motorcycle 'bike' these days is so common that I think around 80 percent of time I hear someone casually speaking about motorcycle they say 'bike'.

You may have your ideas about what the 'proper' usage of names should be but in real usage 'bike' does mean motorcycle as well as bicycle.

So, all agree that the guy violated the law. Some think the violation is criminal, others - that it is merely administrative.

Chances are...

So, all agree that the guy violated the law. Some think the violation is criminal, others - that it is merely administrative.

Chances are you are right, and the prosecutors overcharged the suspect. The courts will sort it out. It looks like the rule of law to me. Unfortunately, it is in the nature of police and prosecutors to bring excessive charges initially. Russia is not unique in this regard, I see it in other countries all the time.

Another thing I want to say concerning the name of the article - hooliganism charge is way better than piracy. Hooliganism by organized group carries a possibility of fine only, possibility of probation, maximum seven years and no minimum sentence. Pussy riot got two years. Piracy by organized group on the other hand carries no fine only possibility, no probation possibility, minimum of 10 years and maximum of 15 PLUS fine. So it's quite worse.

"and stand up for millions of people around the world who think drilling in the Arctic is climate insanity"

No, millions of peo...

"and stand up for millions of people around the world who think drilling in the Arctic is climate insanity"

No, millions of people around the world don't believe this nonsense. Drilling in the Arctic in terms of global warming is no bigger climate insanity than drilling in the Persian Gulf.

If Greenpeace wants to be taken seriously, they should hire scientists and engineers who can write serious reports on the climate change and other environmental issues. But it seems Greenpeace is not interested in this: they just want to do some political grandstanding.

Know what? Serious people in the world are not impressed. As far as I could tell, there was no case against "Prirazlomnaya", except yellow-press articles based on rumors and unnamed "sources".

I would firstly like to say that I do support Greenpeace and their efforts and the arctic 30's brave and noble acts. But I am bothered by the smal...

I would firstly like to say that I do support Greenpeace and their efforts and the arctic 30's brave and noble acts. But I am bothered by the small amount of extremely FALSE information mentioned that Australia's "Mega fires" are caused by melting Arctic ice and climate change. Our country is has always been called a sunburnt one for a reason, it's always been extremely hot here, and our fires are not merely started by heat but mostly by Inconsiderate people, and they're not spread by heat, they're spread by wind. Fires are an essential part of life in Australia, the Aboriginals have been fighting fires with fires for centuries. Greenpeace, please get your facts straight.
And the best of luck for the Arctic 30, our prayers be with you as well as our New South Wales Blue mountains fire victims.

I suppose there might be possibility to discuss details like this and say that "this is due to climate change" or "this is not due to c...

I suppose there might be possibility to discuss details like this and say that "this is due to climate change" or "this is not due to climate change".
The major point in the scientific findings are that we can´t distinguish one fire OR heavy rain from the other, but what we can say is that the possibility of those will increase due to climate change.

I think this article gives some clues, Tony Abbott is telling that it is NOT. IPCCs Christiana Figueres says it IS. ... and Tony Abbott is telling that she is "talking through her hat"...

The question in the end of the article summaries it all:
"If Tony Abbott thinks Christiana Figueres is "talking through her hat" then from where is Tony Abbott talking? "

you do not happen to have any information on Michail Chodorkowski's stay in jail?

And this Pussy-Riot beauty curre...

Jess,

you do not happen to have any information on Michail Chodorkowski's stay in jail?

And this Pussy-Riot beauty currently working hard on her past-Russia career, how is she doing?

Lets focus on the olive-branch, ok? Meditation, skype-conferences, vegan food...how ever you currently work on improving your karma in Otto Heldringstraat/Amsterdam - give your best for an olive-branch, we do not want to disapoint the mom's of Arctic30 on christmas, correct?

In memory of all the mommies of Syria who suffer pain from the duo Putin/Assad...and of course, lets not forget the ones of the Arctic30.

What a bunch of wimps...the jail is to cold, and there is no sufficient amount of bottled drinking-water? By the way, the plastic-bottles are made from oil...keep on supporting Gazprom and fossil-fuel

Sun Wu, godfather of the Rainbow Warrior III

PS: Jess, may I ask for your qualifications making you one of many specialists at GPI?

I am still waiting for Jan Haverkamp to comment on German 'Energiewende'!!!